The Human Rights Commission of Sri Lanka (HRCSL) has observed that the Rohingya migrants detained in a military camp are being treated like criminals and even deprived of social welfare, ignoring the national and international laws.
A total of 116 people, including 57 under 18 years of age, who were rescued by Tamil fishermen a month ago while stranded on the coast of Mullaitivu, are currently being held at the Mullaitivu Air Force Base in northern Sri Lanka.
A new born baby at Mullaitivu Hospital has also joined them since January 20.
“The refugees are not being held in a center arranged for that purpose. It is a military camp. Among the refugees there are women and there are a large number of children. What is the capacity of that camp to provide them with nutritious food, proper medical assistance and other welfare facilities is a question. The Sri Lankan government is bound to take proper care of the migrants, under our own law as well as under the provisions of international law,” said Dr. Gehan Gunathilake, Commissioner of HRCSL.
Violating humanitarian laws
Commissioner Gunathilake noted that the government is bound to act within the existing legal framework, with regard to any person who enters the territory of Sri Lanka.
“Regarding these refugees, under the ICCPR (International Covenant on Civil and Political Rights Act), the Sri Lankan government has a big responsibility over these refugees. The children especially should be looked after more carefully. The well-being and protection of children is an internationally recognized principle. We cannot act in violation of it. Actually, under that principle, we are bound to provide the children with proper protection, care, nutrition and an environment where they can live without any physical and mental harassment,” Commissioner Gunathilake said emotionally.
He pointed out that based on those internationally accepted principles, we as a government are not just bound only to the citizens or children of Sri Lanka.
“Anyone who enters into the borders of our land should have those same rights and protection. To put it in a simple way, we have to say that many international laws in force today are valid not only within the limits of a particular country. Any human being should have that legal protection. I think that considering the situation, the government has to take appropriate measures in this regard,” Dr. Gunathilake further explained the existing legal environment.
Victims treated as accused
When asked about the current situation of the Rohingya refugees detained in the air force camp premises, he said that the camp is not a suitable place at all, to accommodate such a group of people.
“There are sick people there. There are pregnant mothers. They are all in a physically and mentally weak status. Our opinion is that camp life is not appropriate for them. The children do not get nutrition. Under whichever circumstances, they are a group of oppressed people. We have the question of how appropriate it is to continue to detain those who have arrived in such a situation. They are victims. But they are treated as accused.”
He said that the commission has already intervened in the matter, in response to our inquiry on whether the HRCSL informed the government authorities to deal with them in a more humane manner if the Rohingya refugees are being held in Mullaitivu Air Force Base under severe physical and mental pressure.
“We have told them. On the 31st, after calling all the parties involved in this matter before the commission, we informed them that they should deal with these refugees in a more responsible and humane way. At a glance, we can see many shortcomings,” according to Dr. Gunathilake’s opinion, it is the responsibility of all government authorities to deal humanely with refugees.
Do not deport
“Actually, there are two serious issues here. One is the issue with regard to children and women. Because children and women are among the top groups that should have social or legal protection. I said earlier also that this is an internationally recognized principle. The second one is the serious risk that could occur by sending these refugees back to their home country i.e. Myanmar. Because they are a group of people who were subjected to oppression in their own country. Therefore, the government of Sri Lanka has a responsibility not to deport them.”
Dr. Gunathilake said that the commission has sent a letter stating its position on the matter to President Anura Kumara Dissanayake.
On December 26 last year, a team of investigating officers of the HRCSL visited the premises of Mullaitivu Air Force Base where Rohingya refugees are held, but the head of the base did not allow the officers of the commission to enter.
While mentioning that he had received an order from above, not to allow the investigation team of the commission to enter the camp, he had asked them to take permission from the ministry and visit.
Dr. Gunathilake said that they were allowed to enter, after calling the Immigration and Emigration Controller and other parties before the commission and clarifying the matter.
“On January 09, a group of commission’s officers went to Mullaitivu Air Force Base and met the Rohingya refugees and inquired about the situation. Most of the things now I told you were heard and seen when we visited there. Now we continuously follow-up about their situation. We hope to swiftly prepare a program which includes the protection and welfare, in coordination with other relevant institutions and authorities. It is a responsibility of the Human Rights Commission, as well as a right under our scope,” stressed Dr. Gunathilaka.
Harassment of migrants among meetings for migrant welfare
Meanwhile, one of the issues that was emphasized in an international conference on combating human trafficking held in Colombo from October 10-11 last year has been ‘improving the mechanisms to rescue victims, search and prompt assistance as well as providing essential services to those who were saved’.
Also, it has been discussed to focus more attention on combating the use of human trafficking for forced criminal activities throughout Southeast Asia, and to prepare the necessary background to stop such criminal acts.
The event was co-organized by the National Anti-Human Trafficking Task Force (NAHTTF) controlled by the Ministry of Defense of Sri Lanka and the International Organization for Migration – IOM, with the contribution of the Australian Ministry of Home Affairs. The other foreign countries that have participated in this event were Cambodia, Thailand and Myanmar, where the Rohingya refugees came from.
In addition to the Ministry of Defense of Sri Lanka, the Ministries such as Foreign Affairs, Justice, Public Administration and Home Affairs, the Attorney General’s Department, the Police Criminal Investigation Department, the Immigration Department as well as representatives from some institutions under the Provincial Councils have also participated in this event.
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